View rights could be clearer if Laguna takes action

LAGUNA BEACH – Living on La Vista Drive in Laguna Beach, the street name meaning "the view" in Spanish, used to translate to a view of Heisler Park and Santa Catalina Island for Cathi Sassin

Her daughter, Suzy Sassin, remembers standing out on the deck as a teenager to check the flags at Main Beach lifeguard tower before heading to the beach.

However, for the past couple of years Sassin has watched several trees on a property across the street slowly crop her formerly panoramic view nearly in half.

She’s not alone.

If you buy a home in Laguna for its view, then Marsha Bianchi paid about $2 million for hers.

Ever since she’s moved into her Victoria Beach neighborhood, she’s had to tackle growing vegetation – whether it’s the treetops threatening her panoramic view of South Laguna or the view of Catalina off her porch.

She trims her neighbor’s ficus trees to see off the back of her home, which has cost her about $1,000.

More than 30 people spoke at the City Council meeting Jan. 15, arguing that the city’s voluntary process isn’t enough for homeowners battling for their ocean views. After hours of public input and council discussion, it was decided that Mayor Kelly Boyd would form a committee to address the issue and report back in 90 days.

The committee will include Commissioner Ken Sadler, Roger McErlane of the Design Review Board and six people in the community

VIEW PROTECTION

The majority of Lagunans are on their own when it comes to a neighbor’s unruly oak tree. Although communities with homeowners associations have their own regulations, the rest of Laguna has to solve the issue through a voluntary process where cooperation is key.

For the last decade, 10 years or so, the city has had two options for residents battling growing vegetation – the view preservation ordinance, which is voluntary, and the hedge height limitations ordinance, which is enforced by code enforcement.

If residents feel their view is being impeded, they can file a view preservation claim with the city and ask for mediation, which includes review by a certified arborist. If that doesn’t work, they can pursue arbitration and eventually civil action.

The hedge height limitations ordinance applies to a hedge – on the front, side or rear of a property – that forms a continuous barrier, like a fence.

While residents balk at the voluntary view preservation, staff recommends going the same route with the hedge height ordinance, due to enforcement costs, the number of claims and potential liability.

There’s a fee of $630 for the hedge height claim process. There are about six open cases a year and code enforcement spends nearly 20 hours per claim monthly, according to the city. The city reports $65,000 of legal costs associated with the ordinance since its implementation.

Rancho Palos Verdes in Los Angeles County budgets nearly $350,000 a year for its city-enforced view preservation ordinance, according to a staff report. That doesn’t include legal costs.

The young planned community, much of it divided with homeowners associations, isn’t comparable to Laguna, some say.

Although Laguna hasn’t drawn up a budget, they believe the costs could be high for such a process, Principal Planner Carolyn Martin said.

WAR OVER VIEWS

With views like those in Laguna Beach – the Pacific Ocean, vibrant sunsets, rocky bluffs and local landmarks – Joseph DiMento said it’s hard not to get emotional.

“Part of it is the visceral concerns on both sides. Views are incredibly important in Southern California. When the view is as beautiful as the Pacific Ocean, people go to war over it,” said DiMento, professor of law and urban planning at UC Irvine. “There’s a visceral quality of war for the trees, too.”

The “right” to an ocean view butts up against another right – to do what you want on your property, within boundaries.

DiMento tells his students: “All life is a land use conflict.”

“Do you have a right to a view? Well, where would the right come from? It could come from the local government passing an ordinance … then the right has been created for you,” he said.

In private matters, a homeowner could see if a tree or vegetation constitutes a “nuisance” – or unreasonably interferes with the quiet enjoyment of their property – or trespassing. However, it wouldn’t be easy to prove without evidence such as the tree or its roots encroaching on the property.

At the Jan. 15 meeting, Councilman Steve Dicterow recommended the new ordinance address retroactive views – people who had views or purchased property before the ordinance’s passing – which could create even more issues.

DiMento said this could stir up issues.

“I think it would be challenged and it would be a hard-fought case,” DiMento said. “People would say ‘That’s an ex post facto law. You’re making things illegal that weren’t illegal when we did them.’ ”

TREES OR OCEAN?

Ruben Flores, a landscape designer and Laguna Beach resident for 14 years, can sympathize with both sides.

A self-proclaimed tree hugger, he thinks the city should enforce stricter guidelines – ensuring homeowners their views – while at the same time respecting nature.

“One of the features of Laguna Beach is its plein air art competition and our plein air history,” the Laguna Nursery owner said. “If you look at 75 percent of those paintings, it’s of trees and our natural surroundings here. We need to respect it and live with it.”

Aptly living in the community of Harmony Hollow, Flores said he was able to corral his neighbors into pitching in to trim another’s tree.

He said Lagunans need to be educated on how to care and maintain their trees. Many think they need to trim only in fall but some can be trimmed as many as four times a year, he said.

An objective committee could do the trick.

“It’s going to cost some money but the truth is – like some real estate agents stood up and spoke (at the council meeting) – this is an expensive issue. Whether it’s the loss of revenue from a view loss, or taxpayer’s dollars,” he said. “We’re fortunate. We have a little tiny town. We should be glad we don’t have that much square footage. As costly as it sounds it’s going to be, it’s going to make for a much more beautiful town.

NEIGHBORLY DISPUTES

One of Bianchi’s neighbors, David Marder, spoke at the Jan. 15 City Council meeting. He wasn’t there to complain about trees.

Bianchi asked one of her neighbors from a couple doors down to trim his tree, at her cost. The neighbor, David Marder, spoke at the council meeting in favor of his right to keep his tree as untrimmed as he wants.

“My thing about trees is, we have an ecosystem here,” he said to the council. “I enjoy my birds. I had the most amazing thing happen last year. We had a mockingbird lay eggs in a tree. If we had trimmed the tree constantly, like the neighbor wants, we would have never seen this beauty of nature.”

Bianchi said she has asked Marder to trim his trees, at her cost, to no avail.

“I’m not asking anyone to chop it down to the nub,” Bianchi said. A supporter of the environment, she wants vegetation – with a snip here and there.

She wishes there were some way to enforce height limits or tree maintenance because she wants to get along with her neighbors, she said.

Her real estate agent told her a reduction of her view could cost in the range of half a million dollars in her home value.

“I’m like a rat terrier or something, I don’t give up,” she said. “This is all I’ve got. It’s akin to going into my bank account and stealing $400,000.”

The first committee meeting, headed by Mayor Boyd, will be at 4:30 p.m. Feb. 5 at the Susi Q Senior and Community Center at 380 3rd St.

FIVE QUESTIONS

For a Realtor's take on what a view is worth and the overall challenges that come with owning a home with an ocean view, the Register talked to Ray McAfoose of Comerford & McAfoose in Laguna Beach.

Q. How much is a view worth? How much could a home depreciate if it lost a view?

A. I think safely a solidly panoramic non-ocean view adds approximately 10 percent to 15 percent to a property's value. If it is a panoramic ocean view, the percentage might be in excess of 20 percent.

Q. As a Realtor, do you have tips for people looking for an ocean view?

A. Basically, if view is important, buyers will list "view" or "ocean view" in their search criteria when they first sit with their Realtor to discuss their buying goals. If a person is a "view person," I have found he or she almost always deletes any non-view homes from tours.

Q. What's the conversation you have with clients? Is there a way to reassure them of their view?

A. No, I have never assured a buyer that the view would be protected. Too many unforeseeable factors might become involved.

Q. Do you think if someone buys a home in Laguna with a view, they have a right to keep it?

A. I don't know if I would say they "have a right to keep it." However, I know if I personally purchased a view property, I would work extremely hard to safeguard my retaining the joy of that view.

Q. If the city enforced a view-preservation ordinance, would that make Laguna Beach more attractive to clients?

A. Laguna Beach is attractive to most people who live or visit the town. If the city could provide meaningful policies and remedies applicable to view preservation, I believe every homeowner would be appreciative.